{"id":190643,"date":"1994-11-09T00:00:00","date_gmt":"1994-11-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/suraj-pal-vs-state-of-haryana-on-9-november-1994"},"modified":"2017-01-05T09:02:12","modified_gmt":"2017-01-05T03:32:12","slug":"suraj-pal-vs-state-of-haryana-on-9-november-1994","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/suraj-pal-vs-state-of-haryana-on-9-november-1994","title":{"rendered":"Suraj Pal vs State Of Haryana on 9 November, 1994"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Suraj Pal vs State Of Haryana on 9 November, 1994<\/div>\n
Equivalent citations: 1995 SCC (2)\t64, \t JT 1994 (7)\t352<\/div>\n
Author: F Uddin<\/div>\n
Bench: Faizan Uddin (J)<\/div>\n
           PETITIONER:\nSURAJ PAL\n\n\tVs.\n\nRESPONDENT:\nSTATE OF HARYANA\n\nDATE OF JUDGMENT09\/11\/1994\n\nBENCH:\nFAIZAN UDDIN (J)\nBENCH:\nFAIZAN UDDIN (J)\nRAY, G.N. (J)\n\nCITATION:\n 1995 SCC  (2)\t64\t  JT 1994 (7)\t352\n 1994 SCALE  (4)897\n\n\nACT:\n\n\n\nHEADNOTE:\n\n\n\nJUDGMENT:\n<\/pre>\n
The Judgment of the Court was delivered by
\nFAIZAN\tUDDIN,\tJ.-  Since the two appeals as  well  as\t the
\nspecial leave petition arise out of the common judgment they
\nare  being  disposed  of together.   The  three\t appellants,
\nnamely, Suraj Pal, Nathi and Puran along with
\n66<\/span>
\nthe  co-accused\t Radha\tRaman,\tKrishanbir  and\t Pyare\twere
\ncharged and tried under Sections 395\/396\/397 and 412 of\t the
\nIndian Penal Code by the Additional Sessions Judge,  Gurgaon
\nin  Sessions  Case No. 1 of 1979 (Sessions Trial  No.  7  of
\n1981).\tThe learned Additional Sessions Judge convicted\t the
\nthree  appellants  herein as well as  the  co-accused  Radha
\nRaman  and  Krishanbir\tunder  Sections\t 395\/396  read\twith
\nSection\t 397 of the IPC and sentenced them to  undergo\tlife
\nimprisonment\tunder\tSections   396\/397   and    rigorous
\nimprisonment  for  10 years under Sections  395\/397  of\t the
\nPenal  Code.  They were further convicted under Section\t 412
\nof  the\t Penal Code and each one of them  was  sentenced  to
\nundergo rigorous imprisonment for two years.  The co-accused
\nPyare\twas  acquitted\tfor  the  offences  under   Sections
\n395\/396\/397  of\t the Penal Code but he was  convicted  under
\nSection 412 and as he was found to be a tuberculosis patient
\nhe  was sentenced to undergo rigorous imprisonment  for\t one
\nyear  only.   The three appellants herein as well  as  Radha
\nRaman and Krishanbir preferred an appeal which was dismissed
\nby  the High Court of Punjab and Haryana, by judgment  dated
\n5-5-1982  being Criminal Appeal No. 470-DB\/81 against  which
\nthese  three appeals have been preferred by  the  appellants
\nSuraj Pal, Nathi and Puran.\n<\/p>\n
2.According  to the prosecution nine persons  including\t the
\nthree  appellants herein committed dacoity in the  house  of
\none  Puran Chand in the intervening night  of  5-1-1976\/6-1-
\n1976  at  about\t 2.00 a.m. in Village  Kherla,\tTehsil\tNuh,
\nDistrict  Gurgaon  in which Puran Chand and his\t wife  Ganga
\nDevi  were  murdered and their son Gian Chand,\tPW  22,\t was
\nseriously injured.\n<\/p>\n
3.The  prosecution  case  was  that  on\t the  night  of\t the
\noccurrence  the deceased Puran Chand along with his  injured
\nson Gian Chand, PW 22 were sleeping in the Baithak (room) on
\nthe  ground floor of their house while deceased Ganga  Devi,
\nwife of Puran Chand and her daughter Usha Rani, PW 21,\twere
\nsleeping  in  a room on the upper storey of the\t said  house
\nwhich  is  OD the outer side and towards main  gate  of\t the
\ncompound  of the house.\t Another daughter Gita and  wife  of
\nGian  Chand were also sleeping in another room in the  upper
\nstorey.\t When the three appellants along with six other\t co-
\naccused\t raided the house of Puran Chand in order to  commit
\ndacoity,  they\tpushed the door of the room in\twhich  Puran
\nChand  and  his son Gian Chand were sleeping.\tPuran  Chand
\nopened the door of his room and went out into the  courtyard
\nwhen  three of the dacoits opened an assault on Puran  Chand
\nwith lathies and pharsas and when his son Gian Chand, PW 22,
\ncame  out to rescue his father he too was also assaulted  by
\nthe other three dacoits.  In the meanwhile Usha Rani, PW 21,
\nand her mother deceased Ganga Devi also woke up and switched
\non  the light of the room and tried to open the door of\t the
\nroom  in which they were sleeping but found it to be  bolted
\nfrom outside.  Ganga Devi then opened the door of the window
\nwhich  opens into the compound of the house and as  soon  as
\nshe  opened the door of the window, one of the\tdacoits\t who
\nwas standing at the main gate on the ground floor fired\t the
\ngun at her which hit Ganga Devi on her forehead and she fell
\ndown  dead  on the spot.  Puran Chand and  Gian\t Chand\tboth
\nraised an alarm which
\n67<\/span>
\nwas  heard by Tulsi, PW 8 and Sulekhan, PW 23.\tThey  rushed
\ntowards the house of the victims but on hearing the gunshots
\nTulsi, PW 8 took shelter against the wall of a house and saw
\nthe nine dacoits coming out from the gali towards the  house
\nof  Puran,  one\t of whom was carrying a\t gun  and  bandolier
\naround\this  waist.  Sulekhan, PW 23,  however,\t reached  in
\nfront  of  the house of deceased Puran when  a\tgunshot\t was
\nfired  which  hit him in his left thigh and,  therefore,  he
\nreturned  back.\t Sulekhan again went to the house  of  Puran
\nand found Puran lying dead on the ground and Gian Chand in a
\nserious\t condition.  He went to the upper storey  and  found
\nGanga  Devi  lying dead in the room in upper Storey  of\t the
\nhouse.\t Sulekhan went to Police Station, Nuh, on  the\tsame
\nnight,\twhere  he lodged the first information\treport\tExt.
\nPHH about the incident at 3.15 a.m. on 6.1.1976 on the basis
\nof  which an offence under Sections 395\/396\/397\/460  of\t the
\nPenal Code was registered.\n<\/p>\n
4.After\t recording the first information report ASI  Gurdial
\nSingh,\tPW  30,\t proceeded to the place\t of  occurrence\t and
\nimmediately  sent injured Gian Chand, PW 22, to the  Primary
\nHealth\tCentre, Nuh for medical examination.  He  also\tsent
\nSulekhan  and  one  Hamida for medical\texamination  to\t the
\nHealth Centre.\tThe Investigating Officer then prepared\t the
\ninquest reports Exts.  PG-3 and PF-3 of deceased Puran Chand
\nand  Ganga Devi respectively.  He seized the blood from\t the
\nplace of occurrence as well as four empty cartridges.\n<\/p>\n
5.Dr  M.L. Lohraiya, PW 3, performed an autopsy on the\tdead
\nbody  of  Ganga Devi on 6-1-1976 and  found  three  multiple
\npellet\tmarks  over her forehead and face and  pellets\twere
\nalso  found embedded in the wound.  The injuries were  ante-
\nmortem\tin  nature.  There was laceration of the  brain\t and
\nhaemorrhage  in sub-frontal area of the brain lobe.  In\t the
\nopinion of the doctor the death was due to the injury to the
\nbrain  on account of the penetration of the pellets  in\t the
\nsame.\tDr Lohraiya, PW 3, also performed an autopsy on\t the
\ndead body of Puran Chand and found several incised wounds on
\nhis  person besides contusions and a punctured\twound.\t All
\nthe injuries were ante-mortem in nature and the death in the
\nopinion of the doctor was due to shock and haemorrhage.\n<\/p>\n
6.Dr Ashok Kumar Jain, PW 4 examined the injured Gian Chand,
\nPW  22,\t on 6-1-1976 at 8.00 a.m. and  found  the  following
\ninjuries on his person:\n<\/p>\n
\t      1\t . A contused wound over the right  side  of
\n\t      the head.\n<\/p><\/blockquote>\n
\t      2.    Another contused wound on the left\tside
\n\t      of the head.\n<\/p><\/blockquote>\n
\t      3.    A  contused\t wound on left side  of\t the
\n\t      face.\n<\/p><\/blockquote>\n
\t      4.    A  contused\t mark around  the  eye\twith
\n\t      swelling.\n<\/p><\/blockquote>\n
\t      5. A contused mark over the back of left
\n\t      shoulder.\n<\/p><\/blockquote>\n
\t      6.    A  contused\t mark  over  the   posterior
\n\t      medial aspect of right forearm with a contused
\n\t      wound  up to the bone and the bone  underneath
\n\t      seemed to be fractured.\n<\/p><\/blockquote>\n
\t      7.    A  contused mark over the back of  right
\n\t      hand.\n<\/p><\/blockquote>\n
\t      68<\/span><\/p>\n
\t      8.    A\tcontused   wound  over\t the   first
\n\t      interphalangeal  joint  of  middle  finger  of
\n\t      right hand.\n<\/p><\/blockquote>\n
\t      9.    An abrasion over the ring finger of\t the
\n\t      right hand.\n<\/p><\/blockquote>\n
\t      10.   A  contused wound muscle-deep  over\t the
\n\t      posterior part of the left elbow joint.\n<\/p><\/blockquote>\n
\t      11.   A  contused mark over the back  of\tleft
\n\t      forearm.\n<\/p><\/blockquote>\n
\t      12.   A  contused wound skin-deep\t in  between
\n\t      the ring and little finger of the left hand.\n<\/p><\/blockquote>\n
\t      13.   An abrasion over the front of right knee
\n\t      joint.\n<\/p><\/blockquote>\n
7.   In fact the appellant Suraj Pal was arrested in another
\ncase in FIR No. 8 dated 4-1-1976 under Sections 460 and\t 302
\nof the IPC by the Police, Hasanpur and then it was  revealed
\nthat  the dacoity in question was committed by him  and\t his
\nother associates.\n<\/p>\n
8.   After  his arrest on 5-3-1976 the appellant  Suraj\t Pal
\nwas interrogated by the Sub-Inspector Sis Ram, PW 38 in\t the
\npresence of the witness Suleman, PW 29 who made a disclosure
\nstatement  Ext.\t  PHHH.\t  In  pursuance\t of  the  disclosure
\nstatement the appellant Suraj Pal got discovered an iron Kus
\nwhich  was seized as per Ext.  P-54 and quilt  covers  which
\nwere  seized  as per Ext.  P-14 and Ext.  P-15.\t  After\t the
\narrest\tof  the appellant Nathi, on  interrogation  by\tSub-
\nInspector Khan Chand, PW 36 on 3-6-1976 he made a disclosure
\nstatement  Ext.\t  P-88\tin the presence\t of  witnesses\tGian
\nChand,\tPW  22 and Suleman, PW 29 to the fact  that  he\t had
\npawned\tfor Rs 200 a saree, two katories, two  tumblers\t and
\none  pant with one Hira Lal, PW 30.  The said articles\twere
\nseized as per seizure memo Ext.\t P-16, Ext.  P-17, Ext.\t  P-
\n18,  Ext.  P-19, Ext.  P-20 and Ext.  P-21  respectively  on
\nbeing produced by Hira Lal along with the pledge deed  which
\ncontained  the\tdescription  of\t all  these  articles.\t The
\nappellant  Puran was also interrogated on 3-6-1976  by\tSub-
\nInspector  Khan\t Chand,\t PW 36 who also\t made  a  disclosure
\nstatement Ext.\tPCCC in the presence of the witness Suleman,
\nPW  29 to the fact that he had pledged a ring with one\tNanu
\nRam, PW 28 for a sum of Rs 200 and in pursuance of the\tsaid
\ndisclosure  statement,\tthe pledge deed and  the  ring\twere
\nseized from the possession of Nanu Ram, PW 28 as per seizure
\nmemo Ext.  PFFF and Ext.  P-26 respectively.  Some  articles
\nwere  also  seized on the basis of disclosure  statement  of
\nother  accused\tpersons\t which are not before  us  in  these
\nappeals\t and,  therefore,  it is not  necessary\t to  make  a
\ndescription of the same.\n<\/p>\n
9.   After  the arrest of the appellants and  other  accused
\npersons\t the  prosecution wanted to hold  an  identification
\nparade\tin order to afford an opportunity to the  appellants
\nand other accused persons to take part in the test parade in
\nwhich the witnesses Usha Rani, PW 21, Gian Chand, PW 22\t and
\nTulsi Ram, PW 8, had to identify them but the appellants and
\nother accused persons declined to offer themselves for\ttest
\nidentification\ton  the ground that they were shown  to\t the
\nwitnesses.   The  appellants  made a  statement\t before\t the
\nExecutive Magistrate, Shri M.S. Rao, PW 1 and Sub Divisional
\nMagistrate,  Shri I.D. Kaushik, PW 11 that since  they\twere
\nshown
\n69<\/span>
\nto the witnesses they are not prepared to participate in the
\nidentification parade.\tConsequently the parade could not be
\nheld.\n<\/p>\n
10.Thereafter the appellants and other accused were put on
\ntrial.\tThe appellants pleaded not guilty and claimed to  be
\ntried.\tThey took the plea that they were falsely implicated
\non  account of enmity and party faction in their  respective
\nvillages.   The appellant Suraj Pal filed several  documents
\nwhich were marked as Exts.  DA to DC which are copies of the
\napplications made to the Judicial Magistrate, Palwal  making
\nallegation  that he had been shown to the witnesses.   There
\nis also an application addressed to the Inspector General of
\nPolice, Haryana stating that he was brought from Mathura  to
\nPalwal\tand  was  tortured.  There is  also  an\t application
\naddressed  to  the Judicial Magistrate,\t Palwal\t complaining
\nthat third degree methods were used against him with a\tview
\nto  extract  confession.  The appellant Nathi  had  examined
\nHarish\tSingh,\tDW 1, Sarpanch of the village,\tMLA  Chandan
\nSingh,\tDW 2 and Anand Singh, DW 3, the Civil Nazir  of\t the
\nCourt  of Sub-Judge, Gurgaon.  The first two witnesses\twere
\nexamined on the point that the appellant Nathi was a man  of
\nmeans  owning  agricultural land and they  never  heard\t any
\ncomplaint against him.\tThe third witness Anand Singh, DW 3,
\nproduced  the record of disbursement of diet money  to\tshow
\nthat  Suraj Mal, PW 27, Suleman, PW 29 and Hira Lal,  PW  30
\nwere stock witnesses of the Police.\n<\/p>\n
11.On analysing the evidence of the witnesses examined\tby
\nthe prosecution the trial court convicted and sentenced\t the
\nappellants  and others as said above in the earlier part  of
\nthis  judgment.\t  On further appeal by\tthe  appellants\t and
\nother  convicted  accused  the High Court  agreed  with\t the
\nappreciation of evidence made by the learned trial Judge and
\naccepting the finding recorded by the trial court maintained
\nthe conviction and sentence awarded to the appellants herein
\nagainst which these three appeals have been directed.\n<\/p>\n
12.The learned counsel appearing for the appellants  urged
\nthat the incident had occurred at midnight and there was  no
\nlight  at  or  around the place of occurrence  in  order  to
\nenable\tUsha Rani, PW 21, Gian Chand, PW 22, and  others  to
\nsee  the miscreants who had actually committed\tthe  dacoity
\nand,  therefore, the trial court as well as the\t High  Court
\nhave committed a serious error in accepting the\t prosecution
\nevidence  that these appellants were amongst the  miscreants
\nwho were identified as such.  After a close scrutiny and  on
\nanalysing  the\tevidence  the two  courts  below  have\talso
\nconsidered this contention and rejected the same by  holding
\nthat  there  was sufficient electric light in the  house  of
\ndeceased  Puran as well as on the street which\tenabled\t the
\nwitnesses  to see and identify the miscreants including\t the
\nappellants.   This finding is home out from the evidence  of
\nUsha  Rani,  PW 21, and her brother Gian Chand, PW  22,\t who
\nwere  the inmates of the house and Gian Chand  was  severely
\nthrashed by the dacoits.  A perusal of the evidence of\tUsha
\nRani,  PW 21, goes to show that on hearing the alarm of\t the
\nincident she and her mother deceased Ganga Devi both woke up
\nand  her mother switched on the light of the room  in  which
\nthey were sleeping and opened
\n70<\/span>
\nthe  window  of the room overlooking the  compound  and\t the
\nstreet outside.\t Gian Chand, PW 22 deposed that at the\ttime
\nof occurrence the electric light of the courtyard as well as
\nthat of the verandah of the house and the street light\twere
\non.   He also deposed that the light of one of the rooms  in
\nthe upper Storey was also on.  Not only this but Tulsi\tRam,
\nPW 8 who resided near the house of Puran had rushed  towards
\nthe  house of Puran on hearing the raula but kept  away\t and
\nwitnessed the incident by hiding himself against a wall near
\nthe house due to fear of his life and limb as gunshots\twere
\nbeing fired has also testified the presence of enough light.
\nHe deposed that at the time of occurrence the electric light
\non  the street was on and he saw the nine miscreants  coming
\nfrom the street leading to the house of deceased Puran Chand
\nand  one of the miscreants was carrying gun  and  bandolier.
\nIt is thus clear that there was sufficient electric light in
\norder  to  enable the witnesses to have a full view  of\t the
\nmiscreants including the three appellants.\n<\/p>\n
13.Learned  counsel for the appellants next  submitted\tthat
\nthe  prosecution had not pressed the evidence regarding\t the
\nidentification of articles said to have been seized from the
\nappellants  as\tthe  Sarpanch  Bhobal  who  held  the\ttest
\nidentification\twas  not  examined  as\ta  witness  by\t the
\nprosecution and the evidence of Sulekhan, PW 23 with  regard
\nto  some of the articles was found to be  unacceptable\tand,
\ntherefore,  the conviction of the appellants rests  entirely
\non  the\t dock  identification  of  the\tappellants  by\t the
\nprosecution  witnesses.\t Learned counsel made  a  vociferous
\nattack\ton the findings recorded by the two courts below  by
\ncontending  that Usha Rani, PW 21 and Gian Chand, PW  22  in
\nthe  facts  and\t circumstances of the case  were  not  in  a
\nposition  to see and identify the miscreants  including\t the
\nappellants  who\t are  said to  have  committed\tthe  dacoity
\ncoupled\t with two murders.  It was urged that Usha Rani,  PW
\n21, was in the upper storey and according to the prosecution
\nevidence  after her mother was shot dead when she  tried  to
\npeep  outside  from  the  window  she  was  warned  by\t the
\nmiscreants that she should keep herself inside otherwise she
\nwould also meet the same fate and, therefore, she could\t not
\nhave  dared  to look outside and see the miscreants  or\t the
\nappellants or any of them.  Regarding Gian Chand, PW 22, the
\nlearned\t counsel  submitted that he had\t sustained  so\tmany
\ninjuries  on  his  person  that\t he  fell  unconscious\tand,
\ntherefore,  it\twas  not possible for him also\tto  see\t the
\ndacoits in order to enable him to identify them later during
\nthe investigation or in the court while the appellants\twere
\nin the dock.  It was further contended that the incident had
\noccurred  in  January 1976 and evidence of  these  witnesses
\ncame to be recorded after five years and, therefore, in\t the
\nabsence\t of test identification parade it was  not  possible
\nfor  these two witnesses to have remembered the\t description
\nand  features  of  the appellants so as to  enable  them  to
\nidentify them in the dock, after such a long lapse of  time.
\nIt  was\t further submitted that the appellants\twere  within
\ntheir  right  in  declining to submit  themselves  for\ttest
\nidentification\t parade\t and  legally  they  could  not\t  be
\ncompelled to submit themselves for the test parade.  It was,
\ntherefore,  submitted  that the two courts  below  were\t not
\njustified  in accepting their evidence on the basis of\tdock
\nidentification.\n<\/p>\n
71<\/span><\/p>\n
14.Before  dealing with the various contentions advanced  by
\nthe learned counsel for the appellants as referred to above,
\nwe  shall first state the object, purpose and importance  of
\nthe test identification parade.\t It may be pointed out\tthat
\nthe  holding  of identification parades has  been  in  vogue
\nsince  long in the past with a view to determine whether  an
\nunknown\t person accused of an offence is really the  culprit
\nor not, to be identified as such by those who claimed to  be
\nthe  eyewitnesses  of the occurrence so that they  would  be
\nable  to  identify the culprit if produced  before  them  by
\nrecalling  the\timpressions of his features  left  on  their
\nmind.\tThat  being so, in the very nature  of\tthings,\t the
\nidentification\tparade in such cases serves a dual  purpose.
\nIt  enables  the  investigating\t agency\t to  ascertain\t the
\ncorrectness or otherwise of the claim of those witnesses who
\nclaimed\t to have seen the offender of the crime as  well  as
\ntheir  capacity\t to identify him and on the  other  hand  it
\nsaves  the suspect from the sudden risk of being  identified
\nin  the\t dock  by such witnesses during the  course  of\t the
\ntrial.\t This practice of test identification as a  mode  of
\nidentifying  an unknown person charged of an offence  is  an
\nage-old\t method and it has worked well for the past  several
\ndecades as a satisfactory mode and a well-founded method  of
\ncriminal  jurisprudence.   It  may also be  noted  that\t the
\nsubstantive evidence of identifying witness is his  evidence
\nmade  in the court but in cases where the accused person  is
\nnot  known to the witnesses from before who claimed to\thave
\nseen  the  incident,  in that event  identification  of\t the
\naccused\t at  the  earliest possible  opportunity  after\t the
\noccurrence  by such witnesses is of vital importance with  a
\nview  to avoid the chance of his memory fading away  by\t the
\ntime he is examined in the court after some lapse of time.\n<\/p>\n
15.In  the present case it may be noted that  the  appellant
\nSuraj  Pal  was\t arrested on  5-3-1976\tand  was  admittedly
\nbrought\t from Mathura Jail to Palwal Sub-Jail by the  Police
\nof  Hassanpur as another case against him was registered  in
\nthat  police station.  An application Ext.  PA was moved  by
\nthe  Sub-Inspector  Sis\t Ram, PW 38  to\t the  Sub-Divisional
\nMagistrate  on\t17-3-1976 for his identification  while\t the
\nappellant  Suraj Pal was already in judicial lock-up.\tThis
\napplication was marked to the Executive Magistrate on  17-3-
\n1976 itself and the Executive Magistrate fixed 23-3-1976  as
\nthe date for identification of the appellant Suraj Pal.\t But
\nwhen  the Executive Magistrate Shri M.S. Rao, PW 1  went  to
\nthe  Sub-Jail,\tPalwal\twhere the appellant  Suraj  Pal\t was
\nlodged, the appellant Suraj Pal tendered him an\t application
\nExt.  PA-3 declining to get himself identified on the ground
\nthat  he  had been shown to the witnesses.   The  appellants
\nNathi  and Puran along with some other co-accused were\talso
\nlodged\tin Palwal Sub-Jail by the Mathura Police.  On  24-5-
\n1976 an application Ext.  PC was made to the  Sub-Divisional
\nMagistrate, Palwal for holding the identification parade  of
\nthe  appellants Nathi, Puran and the co-accused\t Krishanbir.
\nThis   application   was  also\tmarked\tto   the   Executive
\nMagistrate,  Shri  M.S. Rao, PW 1 who fixed the\t holding  of
\nidentification\tparade at 5.00 p.m. same day in\t the  Palwal
\nSub-Jail  but  Shri Rao for some reason could not  hold\t the
\nparade.\t  Consequently the Sub-Divisional  Magistrate,\tShri
\nKaushik, PW 11 himself went to the Palwal
\n72<\/span>
\nSub-Jail next day but appellants Nathi and Puran and the co-
\naccused\t  Krishanbir   declined\t to  stand   the   test\t  of
\nidentification.\t Their statement to that effect was recorded
\nby  Shri Kaushik, PW 11.It is thus clear from this  evidence
\nthat  though the prosecution was anxiously taking  steps  to
\nhold  the  test\t identification parade\tbut  the  appellants
\nthemselves  declined to submit themselves for  test  parade.
\nIt  is true that they could not have been compelled to\tline
\nup  for\t test parade but they did so on their own  risk\t for
\nwhich  the prosecution could not be blamed for\tnot  holding
\nthe test parade.  The reason given out by the appellants for
\ndeclining to stand the test of identification was that\tthey
\nwere  shown  by\t the  police  to  the  witnesses  but\tthis
\nallegation  has been found to be baseless and  unfounded  by
\nboth the courts below.\tWe have perused the evidence in this
\nbehalf\tand  find that there is absolutely no basis  to\t say
\nthat  the  appellants  or  any of them\twere  shown  to\t the
\nwitnesses.   If\t the  appellants in exercise  of  their\t own
\nvolition had chosen not to stand the test of  identification
\nwithout any reasonable cause, they did so on their own\trisk
\nfor which they cannot be heard to say that in the absence of
\ntest  parade, dock identification was not proper and  should
\nnot be accepted, if it was otherwise found to be reliable.\n<\/p>\n
16.Now\tadverting to the evidence of the eyewitnesses it  is
\nclear  from  the  statement of Usha Rani,  PW  21,  and\t her
\nbrother\t Gian Chand, PW 22, that there was sufficient  light
\nand  they  had\tenough opportunity to look at  and  see\t the
\naccused\t persons on the night of occurrence and,  therefore,
\nthere was no difficulty for them to identify the  appellants
\nin  the\t dock  during the course of  their  evidence.\tGian
\nChand,\tPW  22, was sleeping in the Baithak  in\t the  ground
\nfloor of the house where his deceased father Puran was\talso
\nsleeping.  He deposed that they had retired to bed at  about
\n9.30 p.m. after bolting the door of their room from  inside.
\nHe  also  stated that the main gate of the  house  was\talso
\nbolted.\t  Deceased Ganga Devi, the mother of Gian Chand\t and
\nhis  sister  Usha, PW 21 had slept in a room  on  the  upper
\nStorey\tand his wife Mithilesh Kumari along with  his  other
\nsister\twere  sleeping in another room on the  upper  Storey
\nwhen  at about 2.00 a.m. in the night the miscreants  pushed
\nthe  door  of the room in which Gian Chand  and\t his  father
\nPuran  were  sleeping.\tGian Chand deposed that\t his  father
\nPuran  woke up, opened the door and as soon as he  went\t out
\ninto  the courtyard he was attacked by three miscreants\t who
\nopened an assault on his father with lathies and pharsa\t and
\nwhen  Gian  Chand,  PW 22 himself came\tout  to\t rescue\t his
\nfather,\t three\tother miscreants attacked him.\t He  further
\ndeposed that one of the miscreants was standing at the\tmain
\ngate  of  the house having a gun with him who  was  of\tdark
\ncomplexion,  well-built and wearing a red turban.   He\talso
\nstated that the electric light in the verandah and courtyard
\nwere  on and so also was the street light.  Gian Chand\talso
\nstated that after he was seriously injured he went back into
\nthe  Baithak (room) and fell on a cot.\tHe stated  that\t the
\nmiscreants  fired  the\tgunshots one of which  had  hit\t his
\nmother.\t  The dacoits broke open the locks and\tremoved\t the
\narticles  from the house and after they left the house,\t the
\nvillage\t folks came to their house.  He also identified\t the
\nappellants herein and others who were facing the trial to be
\nthe miscreants
\n73<\/span>
\nwho  had committed the murder of his parents  and  committed
\nthe dacoity in his house.  He identified the articles seized
\nfrom the appellants as belonging to his family.\t Gian Chand,
\nPW 22, had seen the miscreants in electric light when  three
\nof  them were assaulting his father.  Therefore\t he  himself
\nwas  assaulted\tby other three miscreants.   The  number  of
\ninjuries  on his person go to show that he was thrashed\t and
\nbattered for quite some time and he had sufficient time\t and
\nopportunity to look at the dacoits.  It was, therefore,\t not
\ndifficult  for\thim  to identify  the  appellants  with\t the
\nlasting impression that was left on his mind.\n<\/p>\n
17.The\tsecond eyewitness of the occurrence is Usha  Rani,
\nPW  21.\t  She  deposed that she along with  her\t mother\t was
\nsleeping in the upper storey of the house when at about 2.00
\na.m. on the night of occurrence they woke up on hearing\t the
\nnoise  (raula) created by the dacoits.\tShe stated that\t her
\nmother deceased Ganga Devi put on the light of the room\t and
\ntried  to open the door but it was found to be\tbolted\tfrom
\noutside.   Ganga  Devi then opened the door  of\t the  window
\nwhich  opened into the compound of the house.\tShe  deposed
\nthat the dacoit standing at the main gate of the compound on
\nthe  ground floor fired his gun which hit her mother on\t the
\nforehead  as a result of which she died on the\tspot.\tUsha
\nRani further deposed that thereafter when she peeped through
\nthe  window  the same person carrying the gun  and  standing
\nnear the main gate of the compound commanded her to go\tback
\nand sit quietly otherwise she would also meet the same fate.
\nThis  part of the evidence of Usha Rani was attacked by\t the
\nlearned\t counsel for the appellant by contending that  after
\nher  mother was shot dead it was improbable that  Usha\tRani
\nwould  have dared to peep outside endangering her  own\tlife
\nand  this  part of the evidence has been introduced  by\t the
\nprosecution  in order to show that the witness had seen\t the
\nmiscreants  so\tthat she may identify the  miscreants  at  a
\nlater stage.  We are unable to accept these submissions.  In
\nour opinion when the witness had sensed that the dacoits had
\nraided and ransacked the house and her mother was shot\tdead
\nit was quite natural for the witness to look around and\t see
\nwhat  was happening there in order to take steps  to  escape
\nand save her own life.\n<\/p>\n
18.The\tcriticism of the learned counsel for the  appellants
\nthat  no  description  of features and\tparticulars  of\t the
\ndacoits\t was given in the FIR which goes to show that  there
\nwas no light and the witnesses had not seen the dacoits and,
\ntherefore, it was not possible for them to identify.   Hence
\nthe dock identification should be rejected on this  account.
\nWe   are  unable  to  persuade\tourselves  to  accept\tthis
\ncontention also for the reason that admittedly the FIR\tExt.
\nPHH  was  lodged  by Sulekhan, PW 23 who had  not  seen\t the
\nentire\toccurrence.  According to the evidence of  Sulekhan,
\nPW 23, on hearing the raula on the night of occurrence\twhen
\nhe  was proceeding towards the house of Puran Chand  someone
\nfired  a gunshot which hit him on his thigh and,  therefore,
\nhe hid himself and went to the house of Puran only after the
\nmiscreants had gone away.  In these circumstance:; Sulekhan,
\nPW 23, who lodged the FIR, could not have given the  details
\nand description of the features of the dacoits.\t As  regards
\nthe presence of light at the time and
\n74<\/span>
\nplace of occurrence we have already discussed and found that
\nthere was enough light there.\n<\/p>\n
19.This\t  brings   us  to  the\tquestion  of   recovery\t  of
\nincriminating\tarticles   from\t the   possession   of\t the
\nappellants.  The appellant Suraj Pal, as said earlier,\tmade
\nhis disclosure statement on the basis of which quilt  covers
\nExt.  P-14 and Ext.  P-15 are said to have been seized.\t But
\nthe  trial court as well as the High Court found that  there
\nis  some discrepancy in the evidence with regard to the\t two
\narticles  and therefore, both the courts below did not\tfeel
\nit safe to rely on this part of the evidence with regard  to
\nthese\ttwo   items.   But  so\tfar  as\t the   recovery\t  of
\nincriminating articles from the possession of the appellants
\nNathi and Puran is concerned, the same has been found to  be
\nreliable  and satisfactory.  The appellant Nathi had  pawned
\nthe  stolen articles with Hiralal, PW 30, which were  seized
\nfrom  Hiralal  at  the\tinstance  of  the  appellant  Nathi.
\nSimilarly  the\tappellant  Puran  had  pledged\tthe   stolen
\narticles  with one Nanu Ram, PW 28, which were\tseized\tfrom
\nNanu  Ram  at the instance of Puran along  with\t the  pledge
\ndeeds.\t The High Court has discussed the evidence  relating
\nto disclosure statements and the seizures of these  articles
\nfrom  these  two  appellants at length in  para\t 16  of\t the
\njudgment  and accepting the same recorded the  finding\tthat
\nthe  prosecution has proved the recovery of  these  articles
\nfrom the appellants immediately after the commission of\t the
\ncrime which have been proved to be the articles belonging to
\nthe   family  of  deceased  Puran  Chand.   We\t have\talso
\nscrutinised  the  evidence and find ourselves  in  agreement
\nwith the conclusions recorded by the High Court.\n<\/p>\n
20.In  the  light of the aforesaid discussion we  find\tthat
\nthere  are  no\tgrounds to interfere  with  the\t conclusions
\nrecorded  by the two courts below with regard to  the  three
\nappellants before us and, therefore, the two appeals and the
\nspecial leave petition deserve to be dismissed and the\tsame
\nare, accordingly dismissed.\n<\/p>\n
75<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Suraj Pal vs State Of Haryana on 9 November, 1994 Equivalent citations: 1995 SCC (2) 64, JT 1994 (7) 352 Author: F Uddin Bench: Faizan Uddin (J) PETITIONER: SURAJ PAL Vs. RESPONDENT: STATE OF HARYANA DATE OF JUDGMENT09\/11\/1994 BENCH: FAIZAN UDDIN (J) BENCH: FAIZAN UDDIN (J) RAY, G.N. (J) CITATION: 1995 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-190643","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nSuraj Pal vs State Of Haryana on 9 November, 1994 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/suraj-pal-vs-state-of-haryana-on-9-november-1994\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Suraj Pal vs State Of Haryana on 9 November, 1994 - 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